These Terms of Use (hereinafter referred to as "these Terms") stipulate the conditions for the provision of "ViXion Connect" (hereinafter referred to as "the App") provided by ViXion Inc. (hereinafter referred to as "the Company") (collectively, the computer software, related documents such as manuals and electronic documents, and updates and upgrades thereof, hereinafter referred to as "the App"), as well as the rights and obligations between the Company and registered users. When using the App, you must read the entire text of these Terms and agree to these Terms.
Article 1 (Application)
- The purpose of these Terms is to define the rights and obligations between our company and Registered Users (defined in Article 2) regarding the use of this Application (defined in Article 2), and they apply to all relationships between Registered Users and our company regarding the use of this Application.
- Any rules and regulations regarding this App that we post from time to time on our website (defined in Article 2) shall be considered part of these Terms and Conditions.
- In the event of any discrepancy between the contents of these Terms and the rules in the preceding paragraph or any other explanations of the App outside these Terms, the provisions of these Terms shall take precedence.
Article 2 (Definition of Terms)
The meanings of the following terms used in these Terms and Conditions shall be as set forth in the respective paragraphs:
- "Usage Agreement" refers to the usage agreement for this App concluded between our company and the Registered User with these Terms as the terms and conditions.
- "This App" refers to the app called "ViXion Connect" provided by our company (including the app after the name or content of the app is changed for any reason).
- "Registered User" means an individual who has registered as a user of this Application in accordance with these Terms and Conditions.
- "Account Information" refers to the user ID and password for this App.
- "Intellectual Property Rights" means copyrights, patents, utility model rights, trademarks, design rights and other intellectual property rights (including the right to acquire such rights or to apply for the registration, etc. of such rights).
- "Our Website" means the website operated by our company with the domain "vixion.jp" (including the website after any change to the domain or content of our website for any reason).
Article 3 (Establishment of the Service Agreement)
The service agreement will be established and take effect when the registered user performs an operation indicating consent on the screen of this application. In addition, in order for a minor to enter into a service agreement with our company, the minor must obtain the prior consent of a legal representative (a person with parental authority or a guardian of the minor).
Article 4 (Management of Account Information)
- Registered Users shall manage and store their user ID and password for this Application (hereinafter referred to as "Account Information") at their own responsibility, and shall not allow a third party to use it, lend it, transfer it, change the name of it, buy or sell it, etc.
- The Registered User shall be liable for any damages caused by insufficient management of account information, errors in use, use by a third party, etc., and the Company shall not be held liable in any way.
- If a Registered User discovers that his/her account information has been stolen or used by a third party, he/she must immediately notify the Company and follow the instructions of the Company.
Article 5 (Use of the App)
- Registered Users must prepare, at their own expense and responsibility, any terminals, communication equipment, software, contracts for internet connection, etc. necessary for using this Application.
- The Company has no involvement whatsoever with, and assumes no responsibility for, the usage environment of the App by Registered Users.
Article 6 (Prohibitions)
Registered Users must not engage in any of the following acts when using this App.
- Any act that violates laws, regulations or these Terms of Use.
- Actions that cause unfair disadvantage or damage to the Company or a third party
- Registering false or inaccurate information
- Using the functions of this app for purposes other than those intended
- Use of the App in a manner other than that normally used
- Infringement of our intellectual property rights or those of a third party
- Violation of privacy or publicity rights of the Company or any third party
- Leaking confidential information
- Provision of information viewable within this app to third parties
- Defamation of our company or any third party
- Damaging the reputation or credibility of our company or any third party
- Impersonation of our company or a third party
- Transmitting harmful computer programs or making them available for transmission at the request of our company or a third party
- Actions that place an excessive load on the telecommunications facilities (including but not limited to servers; hereinafter referred to as "telecommunications facilities") used to provide this App
- Disabling or circumventing the access control functions set in the system used to provide this Application, or other unauthorized access
- Copying, modifying, reproducing, altering, changing, reverse engineering, disassembling, decompiling, translating or analyzing this Application
- Obtaining information from us or third parties through fraudulent means (including so-called phishing and similar means).
- Making excessively long phone calls to the Company, making excessively repeated similar inquiries, or forcing a response without obligation or reason
- Any other actions that the Company deems inappropriate
Article 7 (Suspension of provision of this App, etc.)
Our company reserves the right to temporarily suspend provision of all or part of the App without incurring any liability for damages or other expenses in any of the following cases:
- When carrying out maintenance or inspection of facilities required to provide this App
- If there is a disruption to the provision of this App due to a fire, power outage, etc.
- If a natural disaster such as an earthquake, eruption, flood, or tsunami disrupts the provision of this App.
- If the provision of this App is hindered due to war, unrest, riots, disturbances, labor disputes, the spread of infectious diseases, the issuance of a state of emergency declaration, etc.
- If the Company determines that it is necessary to temporarily postpone or suspend the provision of the App for operational or technical reasons.
Article 8 (Ownership of Rights)
- All ownership and intellectual property rights relating to the Company's Website and the App belong to the Company or its licensors, and the license to use the App based on the registration set forth in these Terms of Use does not imply a transfer or license to use any intellectual property rights of the Company or its licensors relating to the Company's Website or the App, except as expressly set forth in these Terms of Use. Registered Users shall not, for any reason, take any action that may infringe the intellectual property rights of the Company or its licensors (including, but not limited to, disassembly, decompilation, and reverse engineering).
- The Company may freely use (including duplication, copying, modification, sublicensing to third parties, and any other use) any numerical values, text, or other data that the User inputs, posts, or otherwise transmits in this Application (hereinafter referred to as "User Input Data") free of charge. If the input data contains personal information, the Company may use the data after appropriately anonymizing it so that individuals cannot be identified.
Article 9 (Handling of User Information)
- The Company's handling of the User Information of the Registered User shall be based on the Privacy Policy separately established by the Company, and the Registered User agrees that the Company will handle the User Information of the Registered User in accordance with said Privacy Policy.
- The Company may process any information and data provided by the Registered User to the Company into a format that does not identify individuals, and may use, publish, or provide such information to third parties as statistical information at the Company's discretion, and the Registered User agrees to this.
Article 10 (Termination of the Service Agreement by the Subscriber)
If a Registered User does not wish to use the Application, he/she may terminate the usage agreement by deleting all copies of the Application under his/her possession or control in an irreproducible form.
Article 11 (Restrictions on Use, etc.)
If the Registered User violates or is deemed to be in danger of violating these Terms of Use, or if the Registered User is found to have engaged in other inappropriate conduct, or if the Company deems the conduct inappropriate, the Company may suspend provision of the App without prior notice.
Article 12 (Method of notification or contact)
- Any notice or communication from us to Registered Users regarding this App will be made by posting in an appropriate location within this App or on a website operated by us, or by other means that we deem appropriate.
- Contact us regarding this App should be made via the inquiry form available on the website operated by our company.
Article 13 (No Warranty)
The Company makes no guarantee as to whether the App is suitable for the Registered User's intended use, that it is useful, that it is free from any faults or other malfunctions, that it is complete or accurate, or that it does not infringe any third party rights.
Article 14 (Disclaimer)
- Unless otherwise specified in these Terms, the Company shall not be liable for any damages incurred by the Registered User, and the Registered User may not claim compensation for such damages from the Company. Furthermore, if a Registered User causes damages to a third party, the Registered User shall be responsible for resolving such matter, and the Company shall not be liable in any way. However, this shall not apply if such damages are caused by the Company's willful misconduct or gross negligence.
- We shall not be liable for any damages incurred by Registered Users if we are unable to provide the Service due to natural disasters, war, amendments or repeal of laws and regulations, power outages, epidemics of infectious diseases, or other reasons beyond the control of our company.
Article 15 (Exclusion of Antisocial Forces, etc.)
- Both parties hereby affirm that, as of the time of the conclusion of this Agreement, they are not a gang, a gang member, a gang associate member, a company related to a gang, a corporate racketeer, a social movement fraudster, a special intelligence violent group, an individual who has been a gang member within the last five years, or any other individual equivalent thereto (hereinafter referred to as "anti-social forces, etc."), and that they will not fall into any of the following relationships in the future.
- Relationship in which the management is controlled by antisocial forces
- Relationships in which antisocial forces are substantially involved in the management of the company
- Relationships that involve the use of antisocial forces, etc., for the purpose of obtaining wrongful benefits for the company or a third party, or for causing damage to a third party
- Relationships involving the provision of funds or convenience to antisocial forces
- Relationships between executives and antisocial forces that should be criticized by society
- Both parties covenant not to engage in any of the following acts through themselves, their officers, directors, employees, or third parties:
- Violent demands
- Unreasonable demands that go beyond legal responsibility
- Using threatening language or violence in relation to transactions
- Spreading rumors, damaging the other party's credibility by fraudulent means or by using force, or interfering with the other party's business
- Any other acts similar to those listed above
- If either party violates any of the above two paragraphs, the other party may immediately terminate this Agreement without notice.
- If this Agreement is terminated pursuant to the provisions of this Article, the terminated party shall not make any claim against the terminating party for damages arising from the termination.
Article 16 (Transfer of status under the service contract)
- Registered Users may not assign, transfer, offer as security, or otherwise dispose of their status under the Service Agreement or their rights or obligations under these Terms to a third party.
- In the event that the Company transfers the business related to the App to another company, the Company may transfer the status under the Terms of Use, the rights and obligations under these Terms, and the registered information and other customer information of the Registered User to the transferee of the business, and the Registered User agrees to such transfer in advance under this paragraph. Note that the business transfer specified in this paragraph includes not only normal business transfers, but also company splits and any other cases in which the business is transferred.
Article 17 (Changes to these Terms and Conditions)
If any of the following items apply, the Company may change the contents of these Terms and Conditions by announcing or notifying the Registered User in a manner that the Company deems appropriate, and these Terms and Conditions shall apply from the date of change.
- When changes to these Terms and Conditions are in the general interest of Registered Users.
- When the change to these Terms and Conditions does not conflict with the purpose of these Terms and Conditions and is reasonable in light of the necessity for the change, the appropriateness of the content after the change, the content of the change, and other circumstances related to the change.
Article 18 (Severability)
Even if any provision or part of any provision of these Terms is determined to be invalid or unenforceable pursuant to laws and regulations, the remaining provisions of these Terms and the remaining part of the provision that is determined to be invalid or unenforceable shall continue in full force and effect.
Article 19 (Governing Law and Jurisdiction)
- These Terms and Conditions and the Service Agreement shall be governed by the laws of Japan.
- The Tokyo District Court shall be the court of first instance with exclusive jurisdiction over any disputes arising from or relating to these Terms and Conditions or the Service Agreement.
<Enacted on December 17, 2024>